Question: I think we need to speak with a bankruptcy lawyer. My husband and I are getting harassed by creditors. They keep calling us. We must get at least 25 calls a day. We owe a lot of money on credit cards which we used because I lost my job and he had his hours cut at his work. The phone calls from creditors and debt collectors are becoming so irritating that we keep our home phone off the hook. And we're scared to pick up our cell phones.
Some bill collectors can be so rude. They scream and threaten and make us feel bad. We live in Alpharetta and my husband works in Woodstock. We have three kids and we think that our BMW and Range Rover may get repossessed. We can't afford to send our kids to private school anymore.
Last night my parents were at my house and a bill collector called and the collector thought my mom was me and he told her that we owe over $38,000.00 to Visa and that they were going to sue us. My mother started crying. It is very embarrassing.
How do we make the harassing debt collector calls stop? The phone doesn't stop ringing.
Answer: Once you file for bankruptcy all communications from creditors must stop. When a bankruptcy petition is filed, a "stay" goes into effect. The stay, which is part of Federal law, legally prevents a creditor and debt collection agencies from contacting a debtor. A creditor cannot write, call or have any contact with the debtor after they have filed bankruptcy. Of course, a creditor cannot file a lawsuit or a wage garnishment against the debtor. In short, once you file bankruptcy, the calls will stop.